The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court against the Defendants is unreasonable as it is too uneasible to the Defendants. The respective sentences of the lower court (two months of imprisonment, two years of suspended execution, probation, and community service order 180 hours).

Judgment

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no particular change in the sentencing conditions compared to the first instance court and the lower court. In full view of the factors revealed in the proceedings of the instant pleadings, the lower court’s sentencing against the Defendants is too unfasible so that the sentencing of the Defendants exceeded the reasonable scope of discretion.

In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.